The chief of Communications Security Establishment Canada (CSEC), the intelligence agency accused of spying on Brazil’s ministry of energy and mines, insisted Wednesday that all of his organizations activities are legal, although he declined to answer questions directly about the Brazilian allegations.

“Everything we do, and I mean everything we do, is reviewed by an independent CSE commissioner,” said John Forster, the head of CSEC. “He and his office have full access to every record, every system and every staff member to ensure that we follow Canadian laws and respect Canadians’ privacy.”

To say that these reports are unhelpful is an understatement. Brazil is a friend, ally, key trading partner and now the sixth largest economy in the world. We simply can’t afford to burn bridges with this emerging economic power.

This week, the former head of CSEC said himself that the intelligence agency lacks basic oversight by both Canadians and Parliament. Even the Prime Minister Stephen Harper went so far as to voice that he is “very concerned” by these reports about spying on Brazil.

As he should be. But Mr. Harper himself has led a government categorized by secrecy, even regarding matters that should be fully open to unfettered public scrutiny. It has shown no intention to do what is necessary to increase openness and accountability on this issue and many others. Mr. Harper and his government have allowed CSEC to operate largely without oversight. While discretion is certainly required given the nature of CSEC’s mandate, and regarding matters of national security more generally, these allegations raise a very serious question: who is watching the watchers?

The current oversight structure of CSEC is definitely inadequate. An annual review of the agency’s activities — conducted by one retired judge — simply does not provide Parliament and Canadians with a meaningful understanding of what the government is doing on their behalf.

The previous Liberal government brought forward legislation in 2005 that would have established a national security committee of parliamentarians. In fact, back in 2009 the House of Commons Public Safety Committee specifically recommended that Liberal oversight legislation be reintroduced as soon as possible.

Later, in March of 2011, the Senate produced a report that stated: “Canada now lags significantly behind its allies on the issue of parliamentary oversight as the only country that lacks a parliamentary committee with substantial powers of review over matters of national security.” Liberal Senator Roméo Dallaire introduced a motion asking the Special Senate Committee on Anti-terrorism to study how to create a national security committee of parliamentarians. His motion was rejected by the Conservatives on that committee.

It is time for CSEC and the government to account for what has taken place

The call for effective oversight with a committee of Parliamentarians is not something new, and the time has come for this government to take action. While the Conservatives have taken no measures to address this glaring deficiency, Liberals have now on four separate occasions introduced private member’s legislation to create this important and much-needed oversight body.

In the absence of leadership, and the need to monitor our national intelligence agencies, this fall Liberal Public Safety Critic Wayne Easter will be reintroducing legislation in the House of Commons to establish a parliamentary national security committee. It is time for CSEC and the government to account for what has taken place, and provide Canadians with an effective means of making sure that such embarrassing incidents do not happen again.

National Post

Joyce Murray is the Liberal National Defence critic. Marc Garneau is the Liberal Foreign Affairs critic.